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Publıc Internatıonal Law 1 Dersi 8. Ünite Sorularla Öğrenelim

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The International Protection Of Human Rights

1. Soru

Briefly define the term “human rights”. 

Cevap

Human rights are the basic rights or natural rights that are essential for the adequate development of human personality and for the happiness and progress of the human society.


2. Soru

Human rights differ from other rights in two respects. Explain both.

Cevap

First, human rights are characterized by being:
• Inherent in all human beings by virtue of their being humans;
• Inalienable;
• Equally applicable to all.

Second, the main duties deriving from human rights fall on states and their authorities or agents, not on individuals.


3. Soru

Compare and contrast natural law and positive law.

Cevap

Perhaps the most central concept in Locke’s political philosophy is his theory of natural law and natural rights. The natural law concept existed long before Locke as a way of expressing the idea that there were certain moral truths that applied to all people, regardless of the particular place where they lived or the agreements they had made. The most important early contrast was between laws that were by nature, and thus generally applicable, and those that were conventional and operated only in those places wherethe particular convention had been established. This distinction is sometimes formulated as the difference between natural law and positive law


4. Soru

What is the first reference of personal liberties in the history?

Cevap

The first reference of personal liberties is found in the Magna Carta of 1215 in England.


5. Soru

Briefly explain the first generation of human rights.

Cevap

The first generation of human rights consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau.


6. Soru

Briefly explain the second generation of human rights.

Cevap

The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. The emphasis in both has been on the individual’s rights.


7. Soru

Briefly explain the third generation of human rights.

Cevap

Third generation rights emerged with the predominant support of the developing countries in the 1970s . In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.


8. Soru

What are the functions of Human Rights Council in the protection of human rights?

Cevap

It has a variety of protective functions, including monitoring, investigating, advising, reporting, and making recommendations on the implementation of human rights by the governments.


9. Soru

Explain the term “derogation” briefly.

Cevap

Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention.


10. Soru

What are the ideological approaches to human rights?

Cevap

There are various ideological approaches to human rights, including the Natural Law Theory, Positivism, the Marxist Approach, the Sociological approach, and the Modern approach.


11. Soru

Briefly explain the natural law theory.

Cevap

The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler.


12. Soru

Briefly explain positivism in terms of human rights.

Cevap

Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law.


13. Soru

Explain the Marxist Approach to the human rights.

Cevap

While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses.


14. Soru

Briefly explain the sociological approach to the human rights.

Cevap

The sociological approach identifies the empirical components of a human rights system in the context of the social process. Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.


15. Soru

Briefly explain the modern approach to the human rights.

Cevap

The modern human rights approach is the sum total of the above approaches. Group rights are deemed to be important, particularly as emphasized by the developing world. The African Charter on Human Rights and Peoples’ Rights is an example in point. However, all the right oriented scholars agree that the minimum absolute or core postulates of any just system of rights must include some recognition of the value of individual freedom or individual autonomy.


16. Soru

What are the responsibilities of individuals under the Universal Declaration of Human Rights?

Cevap

• “Everyone has duties to the community in which alone the free and full development of his personality is possible.

• In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”


17. Soru

Provide short information about the International Labour Office.

Cevap

The International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal point for International Labour Organization’s overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of the Director General.


18. Soru

Provide at least two of the group rights.

Cevap

1- Right to developmen

2- Right to healthy human environment

3- Right to peace

4- Right of territorial integrity


19. Soru

Which organisation replaced the Human Rights Council?

Cevap

The Commission on Human Rights.


20. Soru

Write down some of the rights of minorities during the time of League of Nations. 

Cevap

1- The protection of life and liberty

2- Free exercise of religion

3- Equality before the law

4- Freedom of organization for religious and educational purposes.


1. Soru

Briefly define the term “human rights”. 

Cevap

Human rights are the basic rights or natural rights that are essential for the adequate development of human personality and for the happiness and progress of the human society.

2. Soru

Human rights differ from other rights in two respects. Explain both.

Cevap

First, human rights are characterized by being:
• Inherent in all human beings by virtue of their being humans;
• Inalienable;
• Equally applicable to all.

Second, the main duties deriving from human rights fall on states and their authorities or agents, not on individuals.

3. Soru

Compare and contrast natural law and positive law.

Cevap

Perhaps the most central concept in Locke’s political philosophy is his theory of natural law and natural rights. The natural law concept existed long before Locke as a way of expressing the idea that there were certain moral truths that applied to all people, regardless of the particular place where they lived or the agreements they had made. The most important early contrast was between laws that were by nature, and thus generally applicable, and those that were conventional and operated only in those places wherethe particular convention had been established. This distinction is sometimes formulated as the difference between natural law and positive law

4. Soru

What is the first reference of personal liberties in the history?

Cevap

The first reference of personal liberties is found in the Magna Carta of 1215 in England.

5. Soru

Briefly explain the first generation of human rights.

Cevap

The first generation of human rights consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau.

6. Soru

Briefly explain the second generation of human rights.

Cevap

The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. The emphasis in both has been on the individual’s rights.

7. Soru

Briefly explain the third generation of human rights.

Cevap

Third generation rights emerged with the predominant support of the developing countries in the 1970s . In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.

8. Soru

What are the functions of Human Rights Council in the protection of human rights?

Cevap

It has a variety of protective functions, including monitoring, investigating, advising, reporting, and making recommendations on the implementation of human rights by the governments.

9. Soru

Explain the term “derogation” briefly.

Cevap

Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention.

10. Soru

What are the ideological approaches to human rights?

Cevap

There are various ideological approaches to human rights, including the Natural Law Theory, Positivism, the Marxist Approach, the Sociological approach, and the Modern approach.

11. Soru

Briefly explain the natural law theory.

Cevap

The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler.

12. Soru

Briefly explain positivism in terms of human rights.

Cevap

Under the positivist theory, the source of human rights is to be found only in the enactments of law with sanctions attached to it. Jeremy Bentham and John Austin were its chief proponents. They considered the natural law to be vague and meaningless. They believed in freedom and equality; however, they did not base these values on natural law.

13. Soru

Explain the Marxist Approach to the human rights.

Cevap

While the focal point of Marxism is to recognize the contextuality of human rights in terms of the conditions of a society, conceiving human rights chiefly in a materialistic frame has been one of its significant weaknesses.

14. Soru

Briefly explain the sociological approach to the human rights.

Cevap

The sociological approach identifies the empirical components of a human rights system in the context of the social process. Its primary contribution has been its emphasis on obtaining a just equilibrium of interests among prevailing moral sentiments and the social and economic conditions of time and place.

15. Soru

Briefly explain the modern approach to the human rights.

Cevap

The modern human rights approach is the sum total of the above approaches. Group rights are deemed to be important, particularly as emphasized by the developing world. The African Charter on Human Rights and Peoples’ Rights is an example in point. However, all the right oriented scholars agree that the minimum absolute or core postulates of any just system of rights must include some recognition of the value of individual freedom or individual autonomy.

16. Soru

What are the responsibilities of individuals under the Universal Declaration of Human Rights?

Cevap

• “Everyone has duties to the community in which alone the free and full development of his personality is possible.

• In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.

• These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.”

17. Soru

Provide short information about the International Labour Office.

Cevap

The International Labour Office is the permanent secretariat of the International Labour Organization. It is the focal point for International Labour Organization’s overall activities, which it prepares under the scrutiny of the Governing Body and under the leadership of the Director General.

18. Soru

Provide at least two of the group rights.

Cevap

1- Right to developmen

2- Right to healthy human environment

3- Right to peace

4- Right of territorial integrity

19. Soru

Which organisation replaced the Human Rights Council?

Cevap

The Commission on Human Rights.

20. Soru

Write down some of the rights of minorities during the time of League of Nations. 

Cevap

1- The protection of life and liberty

2- Free exercise of religion

3- Equality before the law

4- Freedom of organization for religious and educational purposes.

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